Holographic (handwritten) wills in California
Yes. A will that does not meet the formal witnessing rules "is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator." Cal. Prob. Code § 61111
- What must be handwritten — The testator's signature and the "material provisions" must be in the testator's own hand. No witnesses are required. Cal. Prob. Code § 6111(a)1
- Preprinted forms — A statement of testamentary intent may be in the testator's handwriting "or as part of a commercially printed form will." Cal. Prob. Code § 6111(c)1
- Missing date — An undated holographic will is not void for that reason alone. It fails to the extent it conflicts with another will, unless it is shown to be later. It is also invalid if the testator lacked capacity at any time it might have been signed, unless it is shown to have been signed during a period of capacity. Cal. Prob. Code § 6111(b)1
- Extrinsic evidence — Extrinsic evidence is admissible to decide whether a document is a will under § 6110 or § 6111, and to interpret unclear terms. Cal. Prob. Code § 6111.52
- Proof in probate — "A holographic will may be proved in the same manner as other writings." Cal. Prob. Code § 82223
- Contrast with attested wills — A formal will needs two witnesses who are "present at the same time." A defectively witnessed will can still be upheld on clear and convincing evidence that the testator intended it as the will. Cal. Prob. Code § 61104
Practice notes
- If a typed will with a handwritten signature fails as a holograph, the fallback is § 6110(c)(2)'s clear-and-convincing intent rule, not § 6111. Cal. Prob. Code § 61104